In the case, Qualcomm has used the fact that Apple has completely stopped using its modem and switched entirely to Intel as evidence that its business practices are not unfair. It also highlighted how it has reduced the licensing fees for its 5G modem and that several OEMs have already signed deals with it. It also argued that the new market conditions would show that it does not have a monopoly over LTE modem. However, its request was rejected by Judge Lucy Koh.

“Qualcomm does not argue that any post-discovery evidence shows a change in Qualcomm’s own business conduct. All of the proposed evidence relates to alleged shifts in Qualcomm’s market power,” Koh wrote in her decision.

Qualcomm had previously settled with the Taiwanese regulator out of the court in a similar case by agreeing to invest $700 million in the country. It is likely that the chipmaker will try to reach an out of court settlement with the FTC in this case as well.

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